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Macquarie Infrastructure Corp. v. Moab Partners, L.P.

Docket No. Op. Below Argument Opinion Vote Author Term
22-1165 2nd Cir. Jan 16, 2024 Apr 12, 2024 9-0 Sotomayor OT 2023

Holding: Pure omissions are not actionable under SEC Rule 10b-5(b), which makes it unlawful to omit material facts in connection with buying or selling securities when that omission renders "statements made" misleading.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on April 12, 2024.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/14/2023Application (22A920) to extend the time to file a petition for a writ of certiorari from April 27, 2023 to May 30, 2023, submitted to Justice Sotomayor.
04/24/2023Application (22A920) granted by Justice Sotomayor extending the time to file until May 30, 2023.
05/30/2023Petition for a writ of certiorari filed. (Response due July 3, 2023)
06/16/2023Waiver of right of respondent Barclays Capital Inc. to respond filed.
06/21/2023Motion to extend the time to file a response from July 3, 2023 to August 2, 2023, submitted to The Clerk.
06/22/2023Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2023.
07/03/2023Brief amicus curiae of Washington Legal Foundation filed.
07/03/2023Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
07/26/2023Motion to extend the time to file a response from August 2, 2023 to August 11, 2023, submitted to The Clerk.
07/27/2023Motion to extend the time to file a response is granted and the time is further extended to and including August 11, 2023.
08/11/2023Brief of respondent Moab Partners, L.P. in opposition filed.
08/28/2023Reply of petitioners Macquarie Infrastructure Corp., et al. filed. (Distributed)
08/30/2023DISTRIBUTED for Conference of 9/26/2023.
09/29/2023Petition GRANTED.
11/13/2023Brief of petitioners Macquarie Infrastructure Corp., et al. filed.
11/13/2023Joint appendix filed. (Statement of costs filed)
11/13/2023Brief of respondent Barclays Capital Inc. in support of vacatur filed.
11/17/2023SET FOR ARGUMENT on Tuesday, January 16, 2024.
11/20/2023Record requested from the United States Court of Appeals for the Second Circuit.
11/20/2023Brief amicus curiae of Atlantic Legal Foundation filed.
11/20/2023Brief amicus curiae of Washington Legal Foundation filed.
11/20/2023Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
11/20/2023Brief amicus curiae of The Society for Corporate Governance filed.
11/29/2023Record received from the United States Court of Appeals for the Second Circuit. The record is electronic and is available with the Clerk.
11/30/2023CIRCULATED
12/13/2023Brief of respondent Moab Partners, L.P. filed. (Distributed)
12/20/2023Brief amicus curiae of United States filed. (Distributed)
12/20/2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/20/2023Brief amici curiae of Former SEC Officials filed. (Distributed)
12/20/2023Brief amici curiae of Consumer Advocates filed. (Distributed)
12/20/2023Brief amici curiae of Law and Business Professors filed. (Distributed)
12/20/2023Brief amici curiae of Institutional Investors filed. (Distributed)
01/05/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/05/2024Reply of petitioners Macquarie Infrastructure Corp., et al. filed. (Distributed)
01/05/2024Reply of respondent Barclays Capital Inc. in support of vacatur filed. (Distributed)
01/16/2024Argued. For petitioners: Linda T. Coberly, Chicago, Ill. For respondent Moab Partners, L.P.: David C. Frederick, Washington, D. C.; and Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
04/12/2024Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
05/14/2024Judgment Issued.